Disposed

Md. Mujahir v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

Patna HC20 Dec 2017CR. WJC/2708/2017

Case brief

AI extract

What is this about?

In a criminal writ petition, the court ordered the release of a vehicle seized for carrying country-made liquor on interim custody upon execution of a bank guarantee, pending the final outcome of a larger bench challenge to the Bihar Prohibition and Excise Act, 2016.

What did the court decide?

Release of the seized vehicle on interim custody upon execution of a bank guarantee of Rs.50,000/- or immovable property of equal value.

Md. Mujahir Vs The State Of Bihar… — Constitutional and Fundamental Rights | Patna HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Criminal Writ Jurisdiction Case No. 2708 of 2017

¶3

Arising Out of PS.Case No. -null Year- null Thana -null District- KHAGARIA

¶4

===========================================================

¶5

Md. Mujahir, Son of Md. Musharaf, Resident of Village - Kutupur, P.O. - Mathurapur, P.S. - Mufassil, District - Khagaria

¶6

.... .... Petitioner

¶7

Versus

¶8

The State of Bihar through the Principal Secretary, Department of Excise, Government of Bihar, Patna.

¶9

The Secretary, Department of Excise, Government of Bihar, Patna.

¶10

The District Magistrate cum Collector, Khagaria.

¶11

The S.P. Khagaria.

¶12

The Officer Incharge Muffasil (Khagaria) Police Station, Khagaria.

¶13

.... .... Respondents

¶14

=========================================================== Appearance : For the Petitioner : Mr. Anil Kumar Choudhary, Advocate For the Respondents : Mr. Kumar Manish, Advocate

¶15

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 20-12-2017

¶16

Heard learned counsel for the parties.

¶17

This writ application has been filed for release of the

¶18

vehicle bearing registration no. BR34H/5189 which was seized in connection with Khagaria Muffasil P.S. Case No. 339 of 2017 as the same was carrying 100 pouch each containing 200 ml. of country

¶19

made liquor.

¶20

Learned counsel for the petitioner submits that the petitioner moved before the learned 3^rd Additional Sessions Judge, Khagaria but the same was rejected on 11.10.2017 in the light of Section 60 of the Bihar Prohibition and Excise Act, 2016.

¶21

Since constitutional validity of Sections 56, 57, 58 and 60 of the Bihar Prohibition and Excise Act, 2016 is under

¶22

Patna High Court Cr. WJC No.2708 of 2017 dt.20-12-2017

¶23

2/2

¶24

challenge and the matter is pending before a Larger Bench in Cr.W.J.C. No. 2446 of 2017 ( Rahul Kumar @ Rahul Vs. The State of Bihar & Ors. ), let the aforesaid vehicle in question be released in favour of the petitioner as ad interim custody on execution of bank guarantee of Rs.50,000/- (rupees fifty thousand) or immovable property of equal value standing in the name of the petitioner to the satisfaction of the learned court below/authority concerned where the case is pending, with condition that the petitioner would not dispose of the said vehicle or put the same under encumbrance without permission of the authority concerned and shall produce as and when required by the Court.

¶25

The release shall be subject to the final result of the pending Cr.W.J.C. aforesaid.

¶26

With the aforesaid observation and direction, this writ application, accordingly, disposed of.

¶27

(Birendra Kumar, J)

¶28

Kundan/-

¶29

AFR/NAFR	N.A.
CAV DATE	N.A.
UploadingDate	22.12.2017
Transmission
Date	22.12.2017

Md. Mujahir v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

Case brief

What is this about?

What did the court decide?

Md. Mujahir v. The State Of Bihar Through The Principal Secretary, Department Of Excise, Government Of Bihar, Patn

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pankaj Kumar @ Pankaj Rai @ Pankaj Raj Vs The State Of Bihar

Suraj Kumar @ Haddiya Vs The State Of Bihar

Raju Mandal @ Bhulla Mandal @ Bhulla Vs The State Of Bihar

Sonu Yadav @ Sonu Mahanth Vs The State Of Bihar, Through Principal Secretary Excise Department Of Bihar, Patna and Ors.

Ashok Kr.Sinha Vs Mansoor Ahmad and Ors.

Sunil Kumar Prasad @ Sunil Kumar Vs The State Of Bihar, Through Thr Secretary, Excise Department, Government Of Bihar, Patna and Ors.